LIMITATION OF ACTIONS ACT 1974 - SECT 41 Application to arbitrations

LIMITATION OF ACTIONS ACT 1974 - SECT 41

41 Application to arbitrations

(1) This Act shall apply to arbitrations in the same manner as it applies to actions.

(2) Notwithstanding any term in an agreement to arbitrate to the effect that a cause of action shall not accrue in respect of a matter required by the agreement to be referred until an award is made under the agreement, the cause of action shall, for the purposes of this Act (whether in its application to arbitrations or to other proceedings), be deemed to have accrued in respect of such matter at the time when it would have accrued but for that term in the agreement.

(3) For the purposes of this Act, an arbitration shall be deemed to commence when one party to the arbitration serves on the other party or parties a notice requiring the other party or parties to appoint an arbitrator or to agree to the appointment of an arbitrator or, where the agreement to arbitrate provides that the reference shall be to a person named or designated in the agreement, requiring the party or parties to submit the dispute to the person so named or designated.

(4) A notice pursuant to subsection (3) may be served in any of the following ways—

(a) by delivering it to the person to whom it is directed;

(b) by leaving it at the usual or last known place of abode or business in the State of the person to whom it is directed;

(c) by sending it by registered post to the person to whom it is directed at the person’s usual or last known place of abode or business in the State;

as well as in any other way specified in the agreement to arbitrate.

(5) Where the court orders that an award be set aside, it may further order that the period between the commencement of the arbitration and the date of the order be excluded in computing the time prescribed by this Act for the commencement of proceedings (including an arbitration) with respect to the dispute referred.

(6) This section applies to an arbitration under an Act or rules of court as well as to an arbitration pursuant to an agreement to arbitrate and subsections (3) and (4) have effect, in relation to an arbitration under an Act, as if for the references to the agreement to arbitrate there were substituted references to such of the provisions of the Act or of any order, scheme, rules, regulations or by-laws made thereunder as relate to the arbitration.